Vermilion County State’s Attorney Jacqueline Lacy says she has reviewed all the evidence and determined the May 5th shooting of a man by Tilton’s Police Chief was justifiable. Illinois State Police were asked to investigate the shooting of Robert Cunningham III who had been involved in a high-speed police chase. The chase ended in the area of 540 E. 14th Street.
According to Lacy, Chief Bernardi was in his office when Cunningham was involved in a commotion at the Tilton Village Hall. Cunningham fled in a vehicle with a woman and two minor children. Chief Bernardi began following Cunningham in his official police issued pick-up truck in order to contact him about the earlier commotion. Cunningham evaded police at a high rate of speed as additional police units joined in the pursuit, according to the State’s Attorney.
Eventually, Cunningham’s vehicle came to a stop along East 14th Street where he and the female passenger were taken into custody.
Cunningham had been placed in handcuffs and into Chief Bernardi’s police vehicle. The Illinois State Police investigation found that Cunningham managed to get his hand-cuffed hands out from behind his back to the front of his body. Chief Bernardi observed what happened and stopped his squad to place the handcuffs back behind Cunningham’s back.
Chief Bernardi pulled his taser due to Cunningham being combative, and as Bernardi began to open the prisoner door to the squad, Cunningham attacked Bernardi. Chief Bernardi’s vest and radio were ripped off as he tried to call for help, according to the State Police investigation. The other police units had already left the scene.
State’s Attorney Lacy says a portion of the altercation can be seen on video where Cunningham had his legs scissored around Bernardi’s neck. Chief Bernardi warned Cunningham that if he did not stop choking him he would shoot Cunningham. And when Cunningham did not stop, Bernardi was able to unholster his weapon and shot Cunningham once in the torso. Cunningham immediately released his legs.
State’s Attorney Lacy says based on the totality of the circumstances, force likely to cause death or great bodily harm was justified. She says it was reasonable for Chief Bernardi to believe Cunningham was either attempting to cause his death or cause great bodily harm to him by choking him unconscious. And therefore, the State’s Attorney says, based upon all the information contained in the investigation, she considers the matter to be closed and no charges will be filed against Chief Bernardi.
